AN ACT Relating to sex offenses; amending RCW
9A.44.010, 9A.44.050, and 9A.44.100; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
9A.44.010 and 1988 c 146 s 3 are each amended to read as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its
ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or
anus however slight, by an object, when committed on one person by another,
whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic
purposes, and
(c) Also means any act of sexual contact
between persons involving the sex organs of one person and the mouth or anus of
another whether such persons are of the same or opposite sex.
(2) "Sexual contact" means any
touching of the sexual or other intimate parts of a person done for the purpose
of gratifying sexual desire of either party.
(3) "Married" means one who is
legally married to another, but does not include a person who is living
separate and apart from his or her spouse and who has filed in an appropriate
court for legal separation or for dissolution of his or her marriage.
(4) "Mental incapacity" is that
condition existing at the time of the offense which prevents a person from
understanding the nature or consequences of the act of sexual intercourse
whether that condition is produced by illness, defect, the influence of a
substance or from some other cause.
(5) "Physically helpless" means a
person who is unconscious or for any other reason is physically unable to
communicate unwillingness to an act.
(6) "Forcible compulsion" means
physical force which overcomes resistance, or a threat, express or implied,
that places a person in fear of death or physical injury to herself or himself
or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time
of the act of sexual intercourse or sexual contact there are actual
words or conduct indicating freely given agreement to have sexual intercourse or
sexual contact.
(8) "Significant relationship" means
a situation in which the perpetrator is:
(a) A person who undertakes the responsibility,
professionally or voluntarily, to provide education, health, welfare, or
organized recreational activities principally for minors; or
(b) A person who in the course of his or her
employment supervises minors.
(9) "Abuse of a supervisory position"
means a direct or indirect threat or promise to use authority to the detriment
or benefit of a minor.
(10) "Developmentally disabled," for
purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a
developmental disability as defined in RCW ((71.20.016)) 71A.10.020.
(11) "Person with supervisory
authority," for purposes of RCW 9A.44.050(1)(c) or (e) and
9A.44.100(1)(c) or (e), means any proprietor or employee of any public
or private care or treatment facility who directly supervises developmentally
disabled, mentally disordered, or chemically dependent persons at the
facility.
(12) "Mentally disordered person"
for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with
a "mental disorder" as defined in RCW 71.05.020(2).
(13) "Chemically dependent person"
for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is
"chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for
purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or
herself out to be, or provides services as if he or she were: (a) A member of
a health care profession under chapter 18.130 RCW; or (b) registered or
certified under chapter 18.19 RCW, regardless of whether the health care
provider is licensed, certified, or registered by the state.
(15) "Treatment" for purposes of
RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services
by a health care provider which the health care provider holds himself or
herself out to be qualified to provide.
Sec. 2.
RCW 9A.44.050 and 1990 c 3 s 901 are each amended to read as follows:
(1) A person is guilty of rape in the second
degree when, under circumstances not constituting rape in the first degree, the
person engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by
reason of being physically helpless or mentally incapacitated; ((or))
(c) When the victim is developmentally disabled
and the perpetrator is a person who is not married to the victim and who has
supervisory authority over the victim;
(d) When the perpetrator is a health care
provider, the victim is a client or patient, and the sexual intercourse occurs
during a treatment session, consultation, interview, or examination. It is an
affirmative defense that the defendant must prove by a preponderance of the
evidence that the client or patient consented to the sexual intercourse with
the knowledge that the sexual intercourse was not for the purpose of treatment;
or
(e) When the victim is a resident of a
facility for mentally disordered or chemically dependent persons and the
perpetrator is a person who is not married to the victim and has supervisory
authority over the victim.
(2) Rape in the second degree is a class A
felony.
Sec. 3.
RCW 9A.44.100 and 1988 c 146 s 2 are each amended to read as follows:
(1) A person is guilty of indecent liberties
when he knowingly causes another person who is not his spouse to have sexual
contact with him or another:
(a) By forcible compulsion; or
(b) When the other person is incapable of
consent by reason of being mentally defective, mentally incapacitated, or
physically helpless; ((or))
(c) When the victim is developmentally disabled
and the perpetrator is a person who is not married to the victim and who has
supervisory authority over the victim;
(d) When the perpetrator is a health care
provider, the victim is a client or patient, and the sexual contact occurs
during a treatment session, consultation, interview, or examination. It is an
affirmative defense that the defendant must prove by a preponderance of the
evidence that the client or patient consented to the sexual contact with the
knowledge that the sexual contact was not for the purpose of treatment; or
(e) When the victim is a resident of a facility
for mentally disordered or chemically dependent persons and the perpetrator is
a person who is not married to the victim and has supervisory authority over
the victim.
(2) Indecent liberties is a class B felony.
